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HomeMy WebLinkAboutOrdinances (O-02-1330)-02/19/2002 ORDINANCE 0-02-1330 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3 - LAND USE, .OF THE LAND DEVELOPMENT CODE, AS AMENDED, AND AMENDING SECTION 70-33 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE BY APPROVING REGULATIONS FOR TENTS AS TEMPORARY STRUCTURES; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, regulations for tents as temporary structures are found in Chapter 3 of the Land Development Code and Section 70-33 of the Code of Ordinances of the City of Colleyville; and WHEREAS, the City Council of the City of Colleyville desires to amend certain regulations pertaining to tents as temporary structures; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing, under Case Number Z-02-004; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission has held a public hearing and forwarded its report and recommendation to the City Council for consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec 1. THAT Chapter 2 - Definitions of the Land Development Code, as amended, is hereby amended to insert a new definition: - "Tent" which shall read as follows: Section 2.5 - Tent Tent. A structure, enclosure or shelter constructed of fabric or pliable material supported by any manner except by air or the contents it protects. Sec 2. Ordinance 0-02-1330 Page 2 of 4 THAT Chapter 3 - Land Uses of the Land Development Code, as amended, is hereby amended to insert a new Section 3.24.0.4 - Tent Sales and Other Special Events which shall read as follows: Section 3.24.0.4 - Tent Sales and Other Special Events A tent, as defined herein, may be used as a temporary structure for public occupancy in accordance with the following requirements: a. A permit approved by the Building Official is required prior to the construction of a tent regulated by the Colleyville Building Code, Colleyville Fire Code and this Section. b. No permit shall be approved unless accompanied by a site plan showing the proposed location of the tent. The Colleyville Fire Marshall shall approve said site plan. c. A permit for a tent shall only be issued to the following: I. The holder of a certificate of occupancy of a permanent structure where the tent is incidental to the use of the primary structure, or II. The holder of an application approved by the City Council for a "Mass Gathering Special Event" in the City, as defined in Section 22-176 of Article VI. Mass Gatherings; Outdoor Music Festivals, of the Code of Ordinances, City of COlleyville, Texas. d. The use of the tent shall be consistent with Section 24.C - Table of Permitted Uses. e. No permit for a tent shall be valid for more than (30) consecutive days and no more than three (3) permits may be issued in one calendar year, except for public or private schools, which may be issued a permit that is valid for no more than one-hundred and twenty (120) consecutive days. With respect to public or private schools, tents shall be inspected by the Fire Marshal once every thirty (30) days within the permit period. Permits shall not run concurrently and each permit must be separated by a period of not less than thirty (30) days. Public or private schools shall be exempt from the thirty (30) day waiting period between permits. Sec 3. Sec4. Sec. 5. Sec. 6. Sec. 7. Sec 8. Ordinance 0-02-1330 Page 3 of 4 f. Tents must also comply with the additional requirements of the Colleyville Building Code and Colleyville Fire Code. THAT Section 70-33, Tents and temporary structures, of the Code of Ordinances of the City of Colleyville, is hereby amended in its entirety to read as follows: Section 70-33. Reserved. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. THAT the regulations contained in the Colleyville Land Development Code shall remain in effect, except where amended by this ordinance. THAT the regulations contained in the Code of Ordinances of the City of Colleyville shall remain in effect, except where amended by this ordinance. THAT, any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. The first reading and public hearing being conducted on the ~~ 2002. The second reading and public hearing being conducted on the ~ ~~ 2002. AND IT IS SO ORDERED. ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: ~ Ross. Foster City Attorney Ordinance 0-02-1330 Page 4 of 4 5~ day of /p~ day of CITY COUNCIL APPROVED FEB 2 6 2002 CITY OF COLLEYVILLE: D~~ C4 Mayor